LAARWT
MEDIATION MATTERS
By K. Dean Kantaras and Vanessa C. Fernandez
K. Dean Kantaras, Esq.
NOVEMBER/DECEMBER 2021 | TAMPA BAY MAGAZINE 123
Often times in family law the
court will give the parties
an opportunity to mediate.
Mediation is when there is a
neutral person, usually called a mediator,
who listens to the parties and assists the
parties in reaching an agreement. Typically,
the parties will be in separate rooms and
the mediator will convey the offers from
one party to the other.
It is important to attend mediation
with as much information as possible.
Completing discovery before mediation is
beneficial because it can give a full picture
of the issues in question. It is difficult to
know if an offer is reasonable without
understanding the assets and liabilities to
which you may be entitled. Your attorney
will assist you through the discovery and
preparation process for mediation.
Conversations that occur with
the mediator during this process are
confidential and solely for the purpose of
reaching an agreement. The mediator only
facilitates communication and cannot give
legal advice, which is why it is beneficial to
have your attorney present. Your attorney
will assist you in considering the offers
from the opposing party. Once you receive
an offer from opposing party you can
everything, but you are able to agree on
some things. The issues you agreed on
will not need to be litigated. This partial
settlement reduces costs because you will
need less time preparing for court and
litigating. For this reason, a partial or full
settlement through mediation can lower
the costs of your divorce.
Mediation allows you to retain some
control over your future by giving
opportunity to your own accord regarding
requests and concessions in personal
matters such as children and finances,
rather than a judge dictating what your
future will look like. 9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years and is
“AV” rated by Martindale-Hubbell. Vanessa
C. Fernandez is an associate attorney at K.
Dean Kantaras, P.A. She obtained her law
degree from the University of Florida, Levin
College of Law. Their offices are located at 3531
Alternate 19, Palm Harbor, 34683, (727) 781-
0000 and 1930 East Bay Drive, Largo, 33771,
kantaraslaw.com.
either accept that offer or respond with
a counteroffer. An attorney is essential
because they will be able to consider all the
issues in the case and explain the possible
repercussions of the settlement offer.
Typically, mediation is ordered by the
court and will occur before any hearing
or trial. This allows you to fashion an
agreement before the court steps in
and hears evidence and gives a ruling
the parties must follow. Mediation can
be through a county mediator’s office,
which will either be free or reduced costs,
depending on the financial circumstances
of the parties. Mediation can also be
through a private mediator.
In some cases, mediation can result in
a partial settlement. A partial settlement
is when there are several issues in a case,
and you cannot reach an agreement on